20100735 Ver 1_Major Variance_20100907

2 0 1 00 7 3 5
September 1, 2010
North Carolina Department of Environment and Natural Resources
Division of Water Quality
401/Wetlands Unit
2321 Crabtree Blvd, Suite 250
Raleigh, North Carolina 27604
Amikus Ingineering
Sustainable Systems Design & Development
Reference: Transmittal Letter
Proposed Professional Building at Lawyers Road ?,
Stallings, North Carolina At ? L7LL',-=1 ???? j
Parcel ID: 08324002
Project Number: 17-10-033 Srp ' 7 ?pia
t"JETLADENR - MATER QUALITY
Mrs. Chapman: AND S'0W;Mfi4 BRANCH
On behalf of Mr. and Mrs. Kevin Bigham, Amicus Engineering, PC (Amicus) is pleased to
submit this Variance Request and Site Specific Water Quality Plan for a proposed
professional building at Lawyers Road in Stallings, North Carolina (Parcel ID: 08324002).
The following paperwork is being submitted at your request:
a. Original and two copies of the NCDENR Variance Request Form (For Major
Variances)
b. A vicinity map of the project (included in the construction drawings... Sheet C-1.0)
c. Narrative demonstration of the need for a variance (included below and in Part 2 of
the Variance Request Form).
d. A detailed project narrative of the storm water treatment/management plan.
e. Two copies of the storm water conveyance, detention, and treatment calculations.
£ Three copies of the constructions plans and specifications.
This variance is based on a request to use an existing man made pond that is located within
an existing 100-foot riparian buffer for extended dry detention. The use of this area for
detention would allow for the construction of a new spillway system that would greatly
benefit the downstream receiving stream as there is currently no spillway in place and
overtopping of the dam is very common during heavy rain events. The variance would also
alleviate the developer from the financial burden of having to place the required detention
system underground and construct a long retaining wall. Two water quality structures
(bioretention) were designed upstream of the proposed dry detention area and out of the
100-foot riparian buffer to treat the runoff prior to entering the detention area. Amicus
appreciates your assistance in this matter. Should any question or comments about this arise
during your review, please feel free to contact us at [phone]. Thank you for your
cooperation.
Sincerely,
Jeff McIntyre Nicholas R. Parker, P.E.
Project Manager President
-AMA
EENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H, Sullins
Governor Director
Variance Request Form
(For Major Variances)
Protection and Maintenance of Riparian Areas Rules
NOTE: This form may be photocopied for use as an original.
Checythe appropriate box below:
V Major Variance
201 00 735 '74 @ U5 ii
cP-7L9C;
DMVR - WATER GUALITy
VdETGgtiVq AND STDR:-NEATER BRANCH
Goose Creek Watershed: Site Specific Water Quality Management Plan for
the Goose Creek Watershed: (15A NCAC 0211.0607)
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1. Applicant's name (the corporation, individual, etc. who owns the property):
Kevin and Margaret Bigham
2. Print owner/Signing official (person legally responsible for the property and its compliance)
Name: Kevin Bigham
Title: Owner
Street address: 4007 Guardian Angel Avenue
City, State, Zip: Indian Trail, North Carolina 28079
Telephone: [phone]
Fax: [phone]
3. Contact person who can answer questions about the proposed project:
Name: Nick Parker
Telephone: [phone]
Fax: [phone]
Email: arkern,amicuseng com
4. Project name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Proposed Professional Building at Lawyer's Road
Dee Freeman
Secretary
Version 1: July 2009
5. Project location:
Street address: not yet established
City, State, Zip: Stallings, North Carolina
County: Union
Latitude/longitude: 35 degrees 08' 32" N. 80 degrees 37' 21" W
6. Date property was purchased: 09-30-2008
7. Directions to site from nearest major intersection (Attach an 8 '/z x 11 copy of the USGS
topographic map indicating the location of the site).
Apporximately 1 mile Southeast of the intersection of Lawyer's Road and I-485
8. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
9. Which of the following permits/approvals will be required or have been received already for this
project?
Required: Received: Date received:
X
X
Permit Type:
CAMA Major
CAMA Minor
401 Certification/404 Permit
On-site Wastewater Permit
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
Erosion/Sedimentation Control
Others (specify)
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
1. Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat map
or site plan in Adobe (pdf) format) to accurately delineate the boundaries of the land to be utilized
in carrying out the activity, the location and dimension of any disturbance in the riparian buffers
associated with the activity, and the extent of riparian buffers on the land. Include the area of
buffer impact in ftz.:
- - - -- ----- - - - - - - --- -- -
Development of a 9,462 sq ft building with corresponding parking, infrastructure and
water quality requirements. Total buffer impact = 7,525 sq ft
2. Fill in the table below to identify the square footage of impact to buffers within the 100-year
floodplain and buffers that are not within the 100 year floodplain. (Fill in the impact portion of
the table, even if mitigation is not required):
Variance Request Form, page 2
Version 1 July 2009
Buffer in the Buffer Impact
100-year Impact in Number Purpose for
Multiplier Required
Floodplain? Square Feet (Indicate on the Impact Mitigation
(Circle One) Plan Sheet)
Yes/No 7,527 3
3. State reasons why this plan for the proposed activity cannot be practically accomplished, reduced
or reconfigured to better minimize or eliminate disturbance to the riparian buffers:
The impact effects are limited to an area that was previously a man-made pond The
impact allows the property owner to use the existing pond for detention
4. Description of any best management practices to be used to control impacts associated with the
proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow, re-
planting vegetation or enhancement of existing vegetation, etc.):
Two bioretention structures are being proposed for water quality. A new overflow structure
and level spreader are proposed for the existing detention area to alleviate erosion of the bank
associated with overtopping. New plantings are being proposed along the top of the existing dam
to increase the existing riparian area.
5. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this Rule.
_The hardships are limited to constructability and economics The flexibility to modify the
pond for volume control.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved. There is an existing man-made pond in the riparian buffer. The location of the
buffer with respect to the street.
(3) If economic hardship is the major consideration, then include a specific explanation of the
economic hardships and the proportion of the hardship to the entire value of the project.
Retaining wall and underground detention = $150,000 > 10% of entire value to
Part 3: Stormwater
Provide a description of all best management practices (BMPs) that will be used to control
nutrients and sedimentation impacts associated with the proposed activity. Please ensure to
include all applicable operation & maintenance agreements and worksheets for the proposed
BMPs. Also, include the BMPs on your plan sheets. Two bioretention structures sized to
handle the 1 "-inch of runoff. An extended dry detention structure to maintain pre developed
flows for the 1-yr. 24-hr, 1 24-hr, 25-yr., 6-hr: and 50-yr. 6-hr.
Variance Request Form, page 3
Version I July 2009
2. Attach a description of how diffuse flow will be maintained through the protected riparian
buffers. Please ensure to include all applicable operation & maintenance agreements and
worksheets for the proposed diffuse flow measure(s). Also, include the diffuse flow measure(s)
on your plan sheets.
3. Attach all applicable supplement form(s) and Inspection and Maintenance (I&M) Form(s) to this
completed application. The applicable supplemental form(s) and I&M form(s) for the proposed
BMPs noted in your application can be downloaded from the following website:
http://h2o.enr.state.nc.us/su/bmp forms.htm
Part 4: Proposed Impacts and Mitigation
Provide a description of how mitigation will be achieved at your site pursuant to 15A NCAC 213.0609
for the Goose Creek Watershed.
If buffer restoration is the method you are requesting, be sure to include a detailed planting plan to
include plant type, date of plantings, the date of the one-time fertilization in the protected riparian
buffers and a plan sheet showing the proposed location of the plantings. A guide to buffer restoration
can be downloaded at the following website: http://www.neeep.net/news/reports/buffers.pdf
If payment into a buffer restoration fund is how you plan to achieve your mitigation requirement, then
include an acceptance letter from the mitigation bank you propose to use stating they have the
mitigation credits available for the mitigation requested.
Part 5: Deed Restrictions
By your signature in Part 6 of this application, you certify that all structural stormwater BMPs
required by this variance shall be located in recorded stormwater easements, that the easements will
run with the land, that the easements cannot be changed or deleted without concurrence from the
State, and that the easements will be recorded prior to the sale of any lot.
Part 6: Applicant's Certification 12
(print or type name of person listed in
Part I, Item 2), certify that he information included on this permit application form is correct, that the
project will be constructed in conformance with the approved plans and that the deed restrictions in
accordance with Part 5 of this form will be recorded with all required permit conditions.
Signature:
Date:
Title:
Part 7: Plan Sheets
Be sure to include a copy of all of your completed application form, plan sheets and maps in Adobe
(pdf) format on a CD or floppy disk.
Variance Request Form, page 4
Version I July 2009

Part 8: Checklist
A complete application submittal consists of the following components. Incomplete submittals will
be returned to the applicant. The complete variance request submittal must be received 90 days prior
to the EMC meeting at which you wish the request to be heard. Initial below to indicate that the
necessary information has been provided.
Applicant's Item
Initials
! I \9 • Original and two copies of the Variance Request Form and the attachments
listed below.
I! ?9 • A vicinity map of the project (see Part 1, Item 5)
J 1 ti'1 • Narrative demonstration of the need for a variance (see Part 2)
! 1,l • A detailed narrative description of stormwater treatment/management (see Part
4)
L1 11 • Calculations and references supporting nutrient removal from proposed BMPs
i 1 _R'1 (see Part 4)
• Location and details for all proposed structural stormwater BMPs (see Part 4)
,1 • Three copies of the applicable Supplement Form(s) and I&M Form(s) for each
BMP and/or narrative for each innovative BMP (see Part 4)
i f .11 • Three copies of plans and specifications, including:
1l M 0 Development/Project name
0 Engineer and firm
0 Legend and north arrow
! 1 ?,l 0 Scale (1" = 50' is preferred)
! 1 11 0 Revision number & date
! 1 \l 0 Mean high water line (if applicable)
0 Dimensioned property/project boundary
11.11 0 Location map with named streets or NC State Road numbers
11.l 0 Original contours, proposed contours, spot elevations, finished floor
elevations
l i . 1 0 Details of roads, parking, cul-de-sacs, sidewalks, and curb and gutter
! 1 ll 0 Footprint of any proposed buildings or other structures
J I .,ti1 0 Wetlands delineated, or a note on plans that none exist
1 NJ 0 Existing drainage (including off-site), drainage easements, pipe sizes,
1 f Li runoff calculations
I i 1 0 Drainage basins delineated
J i NJ 0 Perennial and intermittent streams, ponds, lakes, rivers and estuaries

1 I
l 0 Location of forest vegetation along the streams, ponds, lakes, rivers and
" estuaries
Variance Request Form, page 5
Version 1 July 2009